How have courts treated a claim of ineffective assistance in a motion to suppress?
California, United States of America
The following excerpt is from People v. Feldmann, F068873 (Cal. App. 2015):
(People v. Duncan (1991) 53 Cal.3d 955, 966.) When, as in this case, a claim of ineffective assistance involves the failure to renew a motion to suppress, these showings are made if the defendant can establish the challenge was valid and "there would not have been sufficient evidence, otherwise, to convict." (Hart, supra, 74 Cal.App.4th at p. 487.)
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